On September 10, 2020, Beijing West Railway Station was crowded and bustling, and as the impact of the epidemic subsided, the passenger flow has recovered to 70% of the same period. At 9:18 a.m., an abnormality suddenly appeared in a supermarket in the north square of the West Railway Station.
Surveillance footage showed a middle-aged man suddenly breaking into the counter, pulling out a 20-centimeter-long fruit knife and rushing towards two cashiers.
Xiao Zhou (pseudonym), a 19-year-old female cashier, was grabbed by a man and held a knife against his neck; another salesman flipped out of the counter in a hurry and asked the police in the square of the West Station for help.
The cash register counter of the supermarket is in the shape of an "L", and the middle-aged man hides in the corner of the counter with Xiao Zhou in a coercive manner, with his back against the wall. In less than a minute, patrol police, sudden police, special police and other police departments rushed to the supermarket where the incident occurred.
The man's request was to "ask for money". After seeing the police rush to the scene, the suspect's emotions instantly became excited.
In order to stabilize the mood of the man with the knife and ensure the safety of the hostages, the director of the Beijing West Railway Station police station immediately took out all the cash in his pocket and told the man that the police had gone to raise money.
At this time, the peripheral investigation work was being carried out in an orderly manner, and the identity information of the man with the knife was quickly confirmed, this person's surname was Wang, 44 years old, and he was registered in Hebei.
Wang took a train from Xining and arrived at Beijing West Railway Station at 11:50 noon on September 9, where he stayed for a day.
During the hijacking, Wang mentioned the motive for the crime. It turned out that Wang's mother was 78 years old and still working in Qinghai. Wang Mou did not want his mother to work too hard, at first he wanted to steal, and then because he did not find the object of theft, he then had the idea of robbing the store.
During the stalemate, Wang once made requests for drinking water and smoking, and the police have been waiting for an opportunity to rescue him, but the knife that Wang put on the hostage's neck never left for a moment, and the time passed in a minute and a second.
The police at the scene raised nearly 30,000 yuan in cash, but Wang said that the money was simply not enough to treat his mother. After a long period of communication, Wang said a number of "100,000".
Obviously, the police were not rich at hand, and then proposed to take Wang to the bank and transfer the money to his mother's name.
The time came to 11 a.m., And when Wang heard this proposal, he hesitated. So he slowly released the hostages, and the police took advantage of the situation to capture them.
The case soon entered the stage of review and prosecution, and Zhang Yalin, deputy procurator general of the Beijing Railway Transport Procuratorate, found such a problem when reviewing the case.
Should this hostage-taking incident at Beijing West Railway Station be considered a kidnapping or a robbery? Both crimes are also the use of violence, coercion and other means to harm and threaten the victim, the same have the purpose of illegally obtaining other people's property, the circumstances of the crime are similar, there are overlaps, but there are essential differences, only from the perspective of conviction and sentencing, the crime of kidnapping is more than ten years of fixed-term imprisonment, the crime of robbery is more than 3 years of fixed-term imprisonment, how to correctly apply the law, is the problem facing the procuratorial organs.
The procuratorial organs believe that the two crimes are not the same in terms of subjectivity and means of conduct, and the crime of kidnapping is usually manifested as kidnapping and controlling others, threatening to harm the kidnapped person and demanding payment by a third party such as his relatives; the crime of robbery is generally a deliberate act of robbery committed out of illegal possession of other people's property.
Wang's subjective consciousness at that time was to rob the property on the spot, but with the development of the situation, the situation changed, but the subjective purpose of the robbery did not change from beginning to end.
After multiple reviews and examinations, the procuratorial organs believe that Wang's criminal situation is more in line with the criteria for conviction for the crime of robbery.
With the deepening of the investigation, the procuratorial organs also found some other situations of Wang: Wang's body carried drugs for the treatment of mental illness. Subsequently, the procuratorial organs proposed to the public security organs to conduct an appraisal of Wang's mental illness.
The final result is - neurosis, Wang Mou is to limit the ability of criminal responsibility.
Because his life was not satisfactory, Wang Mou embarked on the road of crime. After arriving at the case, Wang Mou truthfully confessed his criminal facts, saying that he was most sorry for his 78-year-old mother, hoping to have the opportunity to reform himself. According to article 18 of China's Criminal Law, a mentally ill person who has not completely lost the ability to identify or control his or her own conduct shall bear criminal responsibility, but may be given a mitigated or mitigated punishment.
Recently, the case was heard at the Haidian District People's Court in Beijing, and in the end, the court adopted the procuratorate's public prosecution opinion and sentenced the defendant Wang Mou to one year and 10 months imprisonment for robbery and a fine of 20,000 yuan.
As a characteristic procuratorate performing the procuratorial function of "railway + Internet", the Beijing Railway Transport Procuratorate, based on its function, cracks down on criminal crimes that endanger the interests of passengers and the order of the station, and ensures the order and safety of railway transportation. Procuratorial organs persist in adapting criminal responsibility and punishment, ensuring that the severity of punishment is commensurate with the criminals' crimes and the criminal responsibilities they should bear, strengthening the application of the plea leniency system, and improving the quality and effectiveness of case handling.
Source The rule of law is carried out when | Written by Wang Jing and Liu Hang
Edited by Xie Yongli
Process Editor Wu Yue